deliver any subsequent pleading within the period allowed for that purpose, the pleadings shall be deemed to be closed at the expiration of that period, and all the material statements of fact in the pleading last delivered shall be deemed to have been denied and put in issue.

14. In any case in which issues arise in an action other than between plaintiff and defendant, if any party to any such issue makes default in delivering any pleading, the opposite party may apply to the Court or a judge for such judgment, if any, as upon the pleadings he may appear to be entitled to. And the Court or judge may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties.

15. Any judgment by default, whether under this Order or under any other of these Rules, may be set aside by the Court or a judge, upon such terms as to costs or otherwise as such Court or judge may think tit.

ORDER XXVIII.

AMENDMENT.

1. The Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

2. The plaintiff may, without any leave, amend his statement of claim, whether indorsed on the writ or not, once at any time before the expiration of the time limited for reply and before replying, or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeare 1.

3. A defendant who has set up any counter-claim or set-off may, without any leave, amend such counter-claim or set-off at any time before the expiration of the time allowed him for answering the reply and before such answer, or in case there be no reply then at any time before the expiration of twenty-eight days from defence.

4. Where any party has amended his pleading under either of the last two preceding rules, the opposite party may, within eight days after the delivery to him of the amended pleading apply to the Court or a judge to disallow the amendment, or any part thereof, and the Court or judge may, if satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may be just.

5. Where any party has amended his pleading under rules 2 or 3, the opposite party shall plead to the amended pleading, or amend his pleading, within the time he then has to plead or within eight days from the delivery of the amendment, whichever shall last expire; and in case the opposite party has pleaded before the delivery of the amendment, and does not plead again or amend within the time above mentioned, he shall be deemed to rely on his original pleading in answer to such amend

ment.

6. In all cases not provided for by the preceding rules of this order, application for leave to amend may be made by either party to the Court or a judge or to the judge at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just. 7. If a party who has obtained an order for leave to amend does not

amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such fourteen days, as the case may be, become ipso facto void, unless the time is extended by the Court or a judge.

8. An indorsement or pleading may be amended by written alterations in the copy which has been delivered, and by additions on paper to be interleaved therewith if necessary, unless the amendments require the insertion of more than 144 words in any one place, or are so numerous or of such a nature that the making them in writing would render the document difficult or inconvenient to read, in either of which cases the amendment must be made by delivering a print of the document as amended.

9. Whenever any indorsement or pleading is amended, the same, when amended, shall be marked with the date of the order, if any, under which the same is so amended, and of the day on which such amendment is made, in manner following, viz.: "Amended day of "pursuant to order of

dated the

of

10. Whenever any indorsement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same.

11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a judge on motion or summons without an appeal.

12. The Court or a judge may at any time, and on such terms as to costs or otherwise as the Court or judge may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

13. The costs of and occasioned by any amendment made pursuant to Rules 2 and 3 of this Order shall be borne by the party making the same, unless the Court or a judge shall otherwise order.

ORDER XXXII.

ADMISSIONS.

1. Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

2. Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.

3. A notice to admit documents shall be in the Form No. 11 in Appendix B., with such variations as circumstances may require.

4. Any party may, by notice in writing, at any time not later than 9 days before the day for which notice of trial has been given, call on any other party to admit for the purposes of the cause, matter, or issue only,

any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within 6 days after service of such notice, or within such further time as may be allowed by the Court or a judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court or a judge certify that the refusal to admit was reasonable, or unless the Court or a judge shall at any time otherwise order or direct. Provided that any almission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice; provided also, that the Court or a judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just.

5. A notice to admit facts shall be in the Form No. 12, in Appendix B., and admissions of facts shall be in the Form No. 13, in Appendix B., with such variations as circumstances may require.

6. Any party may at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings, or otherwise, apply to the Court or a judge for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the Court or a judge may upon such application make such order, or give such judgment, as the Court or judge may think just.

7. An affidavit of the solicitor or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof be required.

8. Notice to produce documents shall be in the Form No. 14, in Appendix B., with such variations as circumstances may require. An affidavit of the solicitor, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.

9. If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.

ORDER XXXIII.

ISSUES.

1. Where in any cause or matter it appears to the Court or a judge that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court or a judge.

INDEX.

ABATEMENT,

pleas in, abolished. See PLEADINGS-STATEMENT OF DEFENCE.

ACCEPTANCE

of Bills of Exchange, &c. See BILLS OF EXCHANGE.

ACCEPTOR. See BILLS OF EXCHANGE.

ACCIDENT,

insurance against. For forms see INSURANCE (against accidents).
ACCOMMODATION BILL. See BILLS OF EXCHANGE.

ACCORD AND SATISFACTION,

what constitutes, 107

accord without satisfaction, or satisfaction without accord, no defence, 107
payment of smaller sum by itself no satisfaction for larger amount in case
of an ascertained debt, 107

aliter, where greater amount unliquidated, 107

or unless valid agreement to contrary, 107

acceptance of satisfaction after breach, good defence, 107

acceptance of valid agreement is good discharge unless execution of, and
not agreement itself is satisfaction intended, 108

accord and satisfaction by stranger on defendant's behalf good defence, 108
acceptance of, by one joint creditor binds others, 108

an answer to action for libel. See DEFAMATION.

FORMS:-

statement of defence of accord and satisfaction, 107

statement of defence of, to action for not delivering goods in accordance
with charter-party, 107

ACCOUNTS,

action for, before Judicature Acts, 108

now usually brought in Chancery Division where mutual accounts between
the parties, as principal and agent, cestui que trust and trustee, patentee
and infringer, 108

defence common, stated and settled account, 109

account may be opened by Court, 109

stronger case to open required than to obtain liberty to surcharge and
falsify, 109

when Court will open account, and when surcharge and falsify, 109, 110
plaintiff may be barred by acquiescence or laches, 110

accounts in partnership actions. See PARTNERSHIP.

ACCOUNTS-continued.

FORMS:

statement of claim by executors of principal against agents for an account, 108

statement of claim by patentee for account of profits and an injunction against infringer, 110

statement of claim by principals against agents for account, where there is a stated and settled account, 110

statement of defence to preceding claim, 111

statement of claim by a cestui que trust against trustee claiming account and payment, 112

statement of claim in an action for infringement of patents. See PATENTS.

ACCOUNT STATED,

what constitutes, 113

must have been stated to creditor himself or agent, 113

need not be in writing, 113

not conclusive as to items that make it up, 113

mistake, 113

miscalculation, 113

where cause of action, must be alleged with particulars, 44, 113
where relied on as evidence or an admission, not to be alleged in pleadings,
44, 113

FORMS:

statement of claim on, 113

statement of defence alleging mistake, 113

ACTION,

local, now abolished. See VENUE.

ACT OF GOD,

forms of defence alleging, 149, 446

ADMINISTRATION OF ESTATES OF DECEASED PERSONS, specially assigned to Chancery Division by Judicature Acts, 114 who generally plaintiffs and who defendants, 114

classes, how represented, when their right depends on construction of instrument, 114

parties to be served, 115

residuary legatee or next-of-kin, 115

legatee, where legacy charged on real estate, and person interested in proceeds of sale of real estate, 115

residuary devisee or heir, 115

cestui que trust, 115

in actions of waste, 115

executors, administrators, and trustees, 115

conduct of proceedings, 115

persons bound by service of notice of order in action for administration of

estates of deceased persons or execution of trusts or partition, 115

application to vary order, 115

person so served may attend on entering appearance, 115

memorandum of service of notice to be entered in central office, 115

notice of judgment or order, 116

notice of judgment or order on infant or person of unsound mind, 116
heir-at-law, when dispensed with, 116

personal representative, when dispensed with, 116

who may attend in Court or in Chambers, on claim of person not a party to the matter, 116